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Jesse Pearce: Launceston man remains behind bar despite doubts

A pair of Tasmanian constables failed to take DNA swabs, obtain CCTV footage, or interview two people who could provide an alibi for an ice user charged with a serious offence, a court has heard.

Australia's Court System

A pair of northern Tasmanian constables failed to take DNA swabs, obtain CCTV footage, or interview the two alibis of a violent thug who they allege switched off his headlights and evaded police, a court has heard.

Ravenswood man Jesse James Pearce, 24, pleaded not guilty in Launceston to charges of aggravated evade police and driving unlicensed, which Tasmania Police allege occurred on the night of July 1 this year.

He did, however, plead guilty to charges of possessing methamphetamine and an ice pipe, relating to the same incident.

Pearce previously pleaded guilty to unrelated charges of common assault, destroying property and failing to appear, as well as seven other charges.

The court heard Constables Lachlan Gould and Ben Kirkby were conducting patrols in the Ravenswood area on the night of July 1 when they witnessed a white Holden Commodore approach from behind them on Prossers Forest Rd.

Constable Kirkby gave evidence that he performed a U-turn at the intersection of Prossers Forest Rd and Lambert St to get a look at the Commodore and identified Pearce, who was subject to a curfew under the terms of a Drug Treatment Order, as the driver.

He told the court he was in no doubt it was Pearce, because of his distinctive facial tattoos and the fact he had multiple previous dealings with the defendant. He said he also witnessed an unidentified person in the passenger seat.

Constable Kirkby said he performed a second U-turn on Prossers Forest Rd and followed the Commodore onto Lambert St at which point he activated his sirens.

The officer told the court the Commodore sped up and failed to stop, before turning onto Wildor Cres, at which point it switched off its lights and Constables Kirkby and Gould lost the trail.

At 2.30am, the pair were detailed to Launceston Station, where an associate of Pearce’s confessed to being the driver of the Commodore.

Police interviewed the associate, but although he was “able to recall incidents of the evade (incident)… his story fell apart,” Constable Kirkby told the court.

“I formed the opinion (he) was the passenger.”

The associate took Constables Kirkby and Gould to the underground carpark of the Sebel Hotel, where they discovered Pearce seated in the passenger seat of the car.

Pearce denied being the driver and said he was at his father’s house when the alleged incident occurred.

Defence solicitor Matthew Williams said the evidence boiled down to Constable Kirkby’s word – Constable Gould gave evidence he was busy searching up the vehicle’s registration and so did not see who was at the wheel.

He noted the officers failed to take DNA swabs from the steering wheel of the Commodore, failed to obtain CCTV footage from a nearby IGA store and failed to interview Pearce’s father and another man who the defendant said could provide an alibi for him.

Mr Williams agreed with Magistrate Sharon Cure’s proposition that the officers had “made their minds up” that Pearce was the driver.

Ms Cure adjourned all matters for a fortnight, at which point she will deliver her reasons for judgment and sentence Pearce on the charges to which he has pleaded guilty to or been found guilty of.

Pearce remains remanded in pre-sentence custody, where he has been since July 1.

Original URL: https://www.themercury.com.au/truecrimeaustralia/police-courts-tasmania/jesse-pearce-launceston-man-remains-behind-bar-despite-doubts/news-story/200b4f98fc81fb282938275b33e689d6